Thursday, September 05, 2013

Mezzacappa Libel Lawsuit's Next Step - Damages

As most of you are aware, I filed a defamation lawsuit against West Easton gun nut Tricia Mezzacappa last April. In December, Judge Edward Smith ruled that the case could move forward. "Contrary to Mezzacappa's contention, these statements do not merely appear to be expressions of non-actionable opinion. Instead, these statements not only appear to be defamatory, they appear to be defamatory per se." He rejected her First Amendment defense, too. "[W]e cannot agree with Mezzacappa that all of the contested statements in this case raise matters of public concern as the overwhelming majority of the statements involve O'Hare's interaction with Mezzacappa, her property, and her pig."

I filed an Amended Complaint, including some additional defamatory remarks made by Mezzacappa during the intervening period, and waited for an answer. There was none. At this point, my attorney, Rick Orloski, served Mezzacappa with a Notice of Intention to Enter Judgment by Default. Still no answer.

Judge Anthony Beltrami, reviewing the file, concluded that Mezzacappa was in default and I could enter judgment on the issue of liability. So I did.

The very next day, Mezzacappa filed preliminary objections. She claimed her failure to respond earlier was the result of "non-negligent circumstances," but fails to set them out.

This matter was placed on the argument list on September 3. The next day, Judge Kimberly McFadden issued an order dismissing Mezzacappa's preliminary objections, finding they are both "patently untimely" and moot.

On her blog, Mezzacappa has attempted to mislead readers by asserting that the libel case was "Was Tossed Out of Court, Lock Stock and Barrel."

Judge McFadden appears to have a different view.

We will now ask the Court to assess damages against Mezzacappa. All of her republications of defamation, including those made on WGPA, will be introduced to establish punitive damages.

She's lost. The only question remaining now is how much she will have to pay a Plaintiff she has continued to defame and an attorney she has repeatedly disparaged.

54 comments:

Anonymous said...

Take notice, Blog Mentor. Tolerance for this kind of abuse is running out. You could be next.

Bernie O'Hare said...

This is from a reader, who had difficulty posting it herself:

"I tried to post this on Lehigh Valley Ramblings, but those distorted letters they present before you can post are out of control, and unreadable. Anyway, what I said is that in my experience at the court in Northampton County, Judge McFadden is unassailably the most clear-headed, truth-speaking judge you could ask for. No nonsense gets by in her courtroom. So, your case is off to a good start."

Anonymous said...

Go Bernie. We're routing for justice to be served. You deserve her house.

Doug Camaro said...

Orclownski's batting average is that of a preteen double amputee ballboy on benadryl. O'Hare you're case is going down the tubes stop these false proclamations of victory, you MIGHT get a judgement that covers part of your boost mobile phone bill.

Bernie O'Hare said...

He seems to be doing pretty well against you. You've lost every motion and lied to your readers when you stated the case had been dismissed. But thanks for making your attitude clear. I'm sure the court will consider that and your disrespectful behavior to Att'y Orloski when it decides on punitive damages.

Anonymous said...

Get her Bernie! You're victory will be one for all of us who have had to suffer through her libel, slander, defamation and harassment! I for one, will celebrate!

Anonymous said...

I tried to post a few fair questions and observations on Mezzcraponeverybody's blog and they all dissapeared within a few minutes. Reality check not permitted there.

Anonymous said...

she gonna move in with jim Gregory when he gets out of the clink and you own her house?

Anonymous said...

When will be the next step?

Anonymous said...

@12:45 PM - The person Tricia Mezzacappa refers to as "Orclownski" is actually attorney Richard Orloski, Bernie O'Hare's legal counsel. If Mr. Orloski is such a clown, Tricia, why did you list him as one of your two character references when you applied for a license to carry concealed firearms? It is becoming more and more clear to everyone at the courthouse, Tricia, that you are the clown.

Tea Party Footsoldier said...

Mezzacappa's fortress will not be breached, it is akin to Duffus Castle in terms of impenetrability. Even if the Sheriff manages to grace the porch in order to place an eviction notice on her portcullis there are plenty of supplies on hand for the inevitable siege.
The CSF has been notified and Chief Kessler is rallying the troops, the grand dame of the 9-12 project is not to be t trifled with.

Anonymous said...

Bernie, I hope as part of the judgement that you get WIIIIILLLLLLLLBBBBBBBBBBBUUUUUUURRRRRSSSSSSS barn.

Bernie O'Hare said...

His house is next.

Bernie O'Hare said...

My attorney will move fast now. A few months.

Anonymous said...

Bernie, just a quick mote. If the Gregory and Mezzacrazzies are against two county council candidates, that gives me all the reason in the world to vote for them.

Anonymous said...

Bernie if you win damages, would you really tale this woman's house? You may end up with a right but then she is homeless.
As a matter of conscience could you do that? If you did would you lease it back to her with the provision she shut up.

When you think about ot, until this entire sordid affair is through, she and Gregory will be homeless. At least they would have a roof over their heads.

Anonymous said...

@2:51 PM - Doofus Castle would be more appropriate.

Anonymous said...
This comment has been removed by a blog administrator.
Not O'Hare said...

It's unlikely Bernie can "take" her house in the manner of forcing her out, or even a sale, to pay off any monetary judgement against her without approval of the Court. Getting a monetary award is only one step toward collection. It's more work with the courts to force payment.

What he could do is place a lien on the home and any other assets she has, ensuring he is paid upon any sale or future bankruptcy she might attempt. In essence, she would see no monetary gain and Bernie would be the first paid. She might have a pot to piss in, but she would owe the guy who owns the window she is throwing it out of.

He could also attach her wages, should anyone be foolish enough to hire her. Since she is known to be making an income from her massages he could also have the court force her to provide income tax statements showing all income received and attach any income she makes from her "business," lottery winnings, unexpected windfalls, tax rebates, etc.

Basically, her worst nightmare. She would be O'Hare's BITCH.

Anonymous said...

being a disbarred attorney I can understand that Bernie does'nt get the facts ,,In no way can He take Her or anyone elses home over this nonsense...No wonder He made such a poor attorney.......purely shamed His Fathers memory

Bernie O'Hare said...

Comments posted by Rolf Oeler are unwelcome.

Anonymous said...

WTF is the "9-12 Project" and who gives a shit if she is the "grand dame" of it. Kessler and his "troops" have their own problems from what the media reports about that nutjob.

Bernie O'Hare said...

Actually, I can, and that is exactly what I intend to do. After we get a judgment, I intend to execute. If she files bankruptcy, as she has done before, she shall learn that a discharge will not protect her from intentional torts or punitive damages. We can force a sale and I already have a buyer lined up.

Anonymous said...

@ 5:45
being a disbarred attorney I can understand that Bernie does'nt get the facts

You are a disbarred attorney?

Bernie O'Hare said...

Keep telling yourself that, just the way you lied when you claimed the case had been dismissed. We will execute on everything you have, including your pig and that trust.

Bernie O'Hare said...

In a heart beat. She has been so vicious, and for so long, that we will go after everything she had.

Not O'Hare said...

"Actually, I can"

I really do hope you can and are successful. Do us all a favor, though. Give her a one-way ticket to Iraq, where she'll feel at home. I hear everyone open carries over there.

Anonymous said...

I love to see a pig roasted over the coals. Then you should roast Earl next.

Anonymous said...

Should you not be doing more puff pieces to save starving children instead of all this hate stuff?

Anonymous said...

If all of the people Mezzacappa insults, lies about, trash talks, libels, attempts of intimination, threatens, calls fat, or skinny, bribery, false or distorted accusations, help conspire to violate their PFAs, including Towelie, the Express Times, Morning Call, and the people who want her to move would show up at the judgement - Would there be enough room?

Anonymous said...

Dear Uncle Bernie,
I always liked you best.
Love, Earl

Peter J. Cochrane said...

Bernie what do you plan on doing with Earl?

Anonymous said...

Get it out of your system now Bernie. On Monday Tricia and Mr. Gregory will be back on the radio exposing corruption and graft.

No political prisoners in Northampton County. Trish and Jim will once again be the Voice of the People.

Teaprtyftsldr said...

Mezzacappa, the CSF, and our lehigh valley 9-12 project will bring LVR to it's knees where it will perform fellatio on Jim Gregory lord Spartacus's discretion.

Anonymous said...

Don't forget agenda 21. The Teabaggers have a conspiracy theory for everyday of the week.

Anonymous said...

Bernie seems to know more about this stuff than he does about foreign policy.

Anonymous said...

Of course he would! Bernie lives here, not there. Presuppositional.

Anonymous said...

Actually, I can, and that is exactly what I intend to do. After we get a judgment, I intend to execute. If she files bankruptcy, as she has done before, she shall learn that a discharge will not protect her from intentional torts or punitive damages. We can force a sale and I already have a buyer lined up.

Oh, SNAP!!! Way to go BOH. We don't often agree but this woman is out of control and needs a reality check. It's as if she believes she has some extra status in society.

It is refreshing to know that these Tea Party groups are being led by imbeciles. It's no wonder why the majority of them don't understand basic civics or sociology.

Anonymous said...

Bernie seems to know more about this stuff than he does about foreign policy.

Yup, because he spends all of his time reading Eliot Abrams pieces and the National Review.

Kevin Cerino said...

Since we are on the subject of Ms. Mezzacappa I would like to point out something interesting about the Blog Which Shall Not Be Named. It would seem that Ms. Mezzacappa has edited one of her recent posts. It's the one in which she viciously attacks the character of the woman who filed the PFA against Bethlehem mayoral candidate Jim Gregory. She substituted asterisks for most of the letters in the profane words in the post.

Perhaps she thought that the post as originally written would have exposed her to legal liability. Good thing that no one has the forethought to make a copy of her post before she changed it.

The woman is a genius.

Anonymous said...

She is tampering with evidence.

Bernie O'Hare said...

Yeah, I guess I don't have a copy on my thumb drive.

Anonymous said...

Imagine the size of the verdict if these two professors had been falsely identified as pedophiles, rapists and animal abusers.

From the Pittsburgh Post-Gazette, 1/24/2011:

"Lawyers for West publishing house are asking a federal judge to overturn a verdict of more than $5.1 million in a defamation suit brought by two law professors, who claimed their reputations were damaged when West falsely identified them as the authors of a poorly researched treatise update...

In the suit, professors David Rudovsky of the University of Pennsylvania Law School and Leonard Sosnov of Widener Law School claimed they were falsely identified as the authors...The professors testified that they were embarrassed and humiliated because the pocket part was a "sham" that cost $50 for subscribers, but included almost no case updates.

In its verdict, the jury found the professors were defamed and awarded compensatory damages of $90,000 each and punitive damages of $2.5 million each, for a total award of $5.18 million..."

Anonymous said...

Update: In April 2011, the trial judge reduced the punitive damages from $2.5 million per plaintiff to $110,000 each, according to the Philadephia Inquirer. That means each law professor was awarded $200,000 for being defamed. That's still a big chunk of change.

Anonymous said...


She substituted asterisks for most of the letters in the profane words in the post.

And should anyone need proof of how it originally appeared, here's the cached original on Google:


http://webcache.googleusercontent.com/search?q=cache:EP0nfYIhBsEJ:westeastonfootprint.blogspot.com/2013/08/beware-of-lina-ingrassia-slut-who-says.html+&cd=2&hl=en&ct=clnk&gl=us

Anonymous said...

What happened to the 40 comments she created that further defamed Gregory's ex?

Anonymous said...

All of these blog posts are a calculated effort by team Gross/Shortell/Nodoline/Ingrassia to silence and intimidate Mezzacappa. Well guess what folks, when the latest legal action is complete and the IP logs are released there will be a paper trail longer the piece of TP on Bernie's heel.

The stonewalling, hiding behind lawyers and general dishonesty hasn't worked in Grossville and it won't last long here in the vortex of hate and defamation. How are you going to pay Orclownski when you lose, or was he hired "Proboner"?

There are lots of good questions that remain to be answered and the attempts to prevent Mezzacappa from living a prosperous fruitful life will not be forgotten or forgiven, that extends to the pitiful members of your poison posse.

Anonymous said...

Tricia, @1:36 PM, why do you continue to disparage your chosen character reference Rick Orloski by calling him Orclownski? It demonstrates what a disgusting piss-ant you are.

Bernie O'Hare said...

Mezzacappa, I suspect you will be charged with harassment soon, of it has not already occurred. Your filth has crossed the line.

Anonymous said...

As someone who filed a lawsuit against someone and went through the shenanigans of contempt of court and untimely filings and finally obtaining the judgement I deserved, Bernie appears to be on very solid ground. Not that I would ever question Judge McFadden anyway. You go, Bernie. She must have been busy cleaning her guns, and didn't realize the deadline had passed, even after a reminder. By "guns", I mean the limp noodles JG and his "boys" sport for manhood.

Anonymous said...

Well Played!

Anonymous said...

Trash the DA is at the door !!!
Hurry quick delete all the posts and comments YOU put on YOUR blog !
Oops too late ....
Sucks to be YOU !!!!!! LOL8

Anonymous said...

So, what do you get when you mix a female dog with the wicked witch from the west ( Easton ) , mr. Ed and the transvestite from the rocky horror picture show ?
See the picture of "it" at the top
SUCKS TO BE YOU! Lol8

Anonymous said...

That's an insult to female dogs, the wicked witch of the west, mr. Ed and transvestites everywhere !
No wonder she carries a gun , if I were that ugly and nasty I'd be afraid for my life to